GENERAL CONDITIONS OF SALE AND USE OF THE SITE
The general conditions of sale and use of this site (hereinafter “General Conditions”) refer to all sales (hereinafter “Services” or individually “Service”) provided by Confezioni Andrea Italia Srl, through its domain www. covercar.com (hereinafter the “Site”).
The use of the Services is allowed only to a registered user, who has:
a) having read the information relating to the processing of personal data;
b) accepted the General Conditions and consented to the processing of their data for purposes related to the provision of the Service;
c) created an account, as indicated below.
Pursuant to and for the purposes of Legislative Decree n. 70/2003 and in accordance with Legislative Decree n. 206/2005 (Italian Consumer Code), Confezioni Andrea Italia S.r.l. communicates the following information to users.
The provider of the Services covered by the General Conditions is:
Confezioni Andrea Italia S.r.l., with headquarters in Varese (VA), postcode 21100, via Friuli 8; registered with the Varese Chamber of Commerce, REA n. VA 355028, Tax Code and VAT number IT03482960121, e-mail: email@example.com In this document Confezioni Andrea Italia S.r.l. will be indicated with the name “Confezioni Andrea”. The General Conditions will also be applicable to any new types of Services, which will be provided in the future by Confezioni Andrea, unless otherwise provided for at the time of registration or the first supply of the new Service. The user is requested to print a copy of the General Conditions and / or to save them on a durable medium.
SPECIAL NOTICE TO CONSUMERS. Registration is allowed only to consumer users who are natural persons, who are of legal age. By “Consumers” we mean the natural persons who access the Site and the Services for purposes not related to any commercial, entrepreneurial or professional activity carried out. The provisions contained in the Italian Consumer Code will therefore be applicable, in addition to those generally applicable to the type of service provided by Confezioni Andrea by virtue of Legislative Decree n. 70/2003 on information society services and electronic commerce.
1. General and scope of application
1.1 These General Conditions apply to all sales made by Confezioni Andrea on the Site.
1.2 The General Conditions can be modified at any time. Any changes and \ or new conditions will be in force from the moment of their publication in the “General Conditions” section of the Site. To this end, we invite users to regularly access the Site and check the publication of the most updated General Conditions.
1.3 The applicable General Conditions are those in force on the date the purchase order is sent, and any changes made after the order has been sent will not affect the sales contract to which the order refers.
1.4 These General Conditions do not regulate the sale of products and / or the provision of services by parties other than Confezioni Andrea who are present on the Site through links, banners or other hypertext links. Confezioni Andrea is not responsible in any way for the provision of services and / or for the sale of products by such subjects. On the websites that can be consulted through these links, Confezioni Andrea does not carry out any checks and / or monitoring. Confezioni Andrea is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
2.2 Registration on the Site is free. To register, the user must complete the registration form, entering name, surname, an e-mail address and a password (hereinafter the “Registration Credentials”). Registration is confirmed by email sent to the address provided by the user.
2.3 The Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must immediately notify Andrea Confezioni in case of suspected improper use of the same. The Registration Credentials can be changed by the user at any time by accessing the “My Account” section on the Site.
2.4 The user guarantees that the Registration Credentials provided during the registration process on the Site are complete, correct and truthful. All operations performed through the Registration Credentials are considered to have been carried out by the user to whom they refer.
2.5 The Services are provided in Italian in Italy and in English in other countries.
2.6 It is possible to make a single registration per user. Multiple registrations will be deleted from Confezioni Andrea.
2.7 In the personal “My Account” area of the Site, the user can view completed orders as well as manage and save personal data and register for the newsletter.
2.8 Confezioni Andrea reserves the right to refuse the user’s registration if it deems valid reasons. Confezioni Andrea also reserves the right not to accept orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site.
2.9 The user may at any time cancel their registration on the site by simply clicking on the “Unsubscribe” link in their “MY Account” personal area, or by sending an email to the following address firstname.lastname@example.org.
3. Pre-contractual information
3.1 In compliance with Legislative Decree no. 70/2003 and the Consumer Code, Confezioni Andrea informs the user of how to proceed with the purchase of products on the Site:
– the user must fill out an order form in electronic format and send it to Andrea Confezioni electronically, following the instructions that will appear on the Site from time to time and which will accompany the various stages of the purchase;
– before proceeding with the transmission of the order form, the user must view the information concerning the identity of Confezioni Andrea, the characteristics of the product he intends to purchase, its price, including taxes, shipping costs and any other additional cost, the right of withdrawal, the languages available to conclude the contract other than Italian;
– the user will be able to identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the different stages of the purchase;
– Confezioni Andrea will register the order form, after verifying the correctness of the data relating to the order and payment;
– once the order form has been registered, Confezioni Andrea will send the user, to the e-mail address indicated, an e-mail confirming the order containing a summary of the General Conditions, information relating to the characteristics of the product purchased, the detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, the shipping costs and any additional costs as well as the indication of the assistance service;
– the contract is concluded when the user receives the order confirmation email from Confezioni Andrea. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium;
– the order form will be filed in the Andrea Confezioni database for the time necessary to process the order and, in any case, in accordance with the law. In the “My Account” – “My orders” section of the Site, the user can consult the list of all orders placed.
4. Terms and conditions of purchase.
4.1 The offers published on the Site are available for a limited time and with a limited quantity of products. The validity date of the offers is indicated on the Site. Confezioni Andrea informs the user that all the colors of the products displayed on the Site have a purely indicative value of the chosen shade. The actual color of the product may not correspond perfectly to that visible on the Site. Any variations in the color tone displayed on the Site compared to the real one may depend on the resolution of the screen and / or the video card of the user’s terminal. However, the user’s right of withdrawal remains unaffected, except in the case where the purchase relates to tailor-made or customized products, as established in point 7.4. The rights of the user are also reserved in the event of a color that is completely different from the order (by way of example, delivery of a yellow product against a blue product order). In the case of orders relating to a car cover product relating to cars produced up to 1972 (often without external rear-view mirrors, as they were not mandatory at the time) this product will be supplied without covers / pockets for external rear-view mirrors, in compliance to the original car model. However, the user’s right of withdrawal remains unaffected, except in the case where the purchase relates to tailor-made or customized products, as established in point 7.4. For any information in this regard, the user is invited, before submitting the purchase order, to contact Confezioni Andrea at the following e-mail address: email@example.com, or at the following telephone number +39 0332261562, Int. 222 .
4.2 All the prices indicated on the Site are expressed in Euros (€) and are inclusive of VAT. The transport price, to be paid by the user, is explicitly indicated and includes VAT. This amount will be highlighted separately on the order form prior to sending and on the order confirmation e-mail. In the case of purchases made outside the territory of the European Union, duties, taxes, charges, and any other customs and / or taxation deriving from or in any case connected to the import and customs clearance of the products are borne by the the buyer, so some to be paid by the buyer are the transport costs from customs to his home.
4.3 At the time of transmission of the order, no charge will be made to the user for payment.
4.4 Confezioni Andrea will process the purchase order after sending the confirmation email of said order to the user.
4.5 Confezioni Andrea reserves the right not to accept or in any case not to confirm orders from users with whom disputes are pending or in the case provided for by art. 5.1.
5.1 The products offered on the Site are limited in number. It may therefore happen that the ordered product is no longer available after sending the purchase order. In case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will not be confirmed. In the event of unavailability of the product after payment has already been made, Confezioni Andrea will refund the amount paid by the user, including the contributions to the costs of order fulfillment and shipping costs, immediately, and in any case within the term of 14 starting from the day following receipt of payment. The refund amount will be communicated by e-mail, and credited to the same payment method used for the purchase or as otherwise agreed with the user. If the recipient indicated in the order does not correspond to the purchaser of the product, the amount will be credited to the original purchaser or to the holder of the means of payment used. Refunds are made in the same purchase currency.
6.1 Deliveries are made to the address indicated by the user in the order form.
6.1 Deliveries are made to the address indicated by u6.2 Delivery times are those indicated on the page of the Site dedicated to the offer of products and specified in the purchase order confirmation. User in the order form. In the case of non-tailored or non-customized products, delivery can take place within 5 working days from the date of receipt of the user’s payment. In any case, the delivery of the product will take place at the latest within 30 days from the date of conclusion of the contract, ie from the date of receipt of the order confirmation e-mail sent by Confezioni Andrea to the user. In the case of a tailor-made or customized product, Confezioni Andrea will make the delivery within 5 working weeks from the receipt of the user’s payment. If the delivery deadline is not respected, the user can agree with Confezioni Andrea an additional deadline to make the delivery, also taking into account the time needed to create a tailor-made or customized product. ordering multiple products, made to measure / personalized and not made to measure / not personalized, the delivery deadline for tailor-made or personalized products is applied.
6.3 Deliveries will be made from Monday to Friday, during normal office hours, excluding Italian national holidays and the country of destination.
6.4 In the event of impediments to delivery due to force majeure known to Confezioni Andrea, the latter will contact the user by e-mail to inform him of the delay in delivery times.
6.5 Delivery is considered completed when the product is made available to the user at the address specified in the order form.
6.6 In the event of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt and which will contain instructions for collecting the package or for redelivery. In case of non-collection and if the subsequent delivery attempts requested are unsuccessful, the purchased product will be returned to Confezioni Andrea. After 30 days from the date on which the product was returned to Confezioni Andrea, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code Confezioni Andrea will reimburse the amount paid, reserving the right to request the costs of returning the product and storage costs. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the payment method used by the user for the purchase. In the event that, before the expiry of the 30 days, the user requests to receive the purchased product again, Confezioni Andrea will proceed with the new delivery after charging the shipping costs of the same, reserving the right to request the costs of returning the product and the costs of custody.
6.7 In the event that the package shows obvious signs of tampering or alteration, the user must mark it upon delivery in the appropriate document provided by the courier and return it to the latter.
7.1 The user who has purchased through the Site products that are not made to measure or personalized and except as specified in point 7.4, has the right to withdraw from the contract concluded with Confezioni Andrea, without any penalty and without specifying the reason, within 14 days from day on which the user or a third party designated by him and other than the carrier acquires physical possession of the products. In the case of the purchase of several products through a single order and delivered separately, the 14-day term starts from the date on which the user, or a third party designated by him and other than the carrier, acquires physical possession of the last product. exercise the right of withdrawal, the user must notify Confezioni Andrea of his decision to withdraw from the contract by means of an explicit declaration, which can be sent or by post to the following address, Confezioni Andrea Italia Srl. – Covercar.com Sales Office, via Friuli 8, 21100, Varese, Italy, or via e-mail to the following address firstname.lastname@example.org. To this end, the user can use the withdrawal form on the Site, accessible by clicking the following link www.covercar.com. The user can complete and send the withdrawal form to Confezioni Andrea by post to the following address, Confezioni Andrea Italia Srl. – Covercar.com Sales Office, via Friuli 8, 21100, Varese, Italy, or via e-mail to the following address email@example.com.
Following the sending of the notice of withdrawal to Confezioni Andrea, the user will receive by e-mail a confirmation of receipt of the notice of withdrawal. The user must then send the product to Confezioni Andrea. To this end, you can use the label on the withdrawal form containing the contact details of Andrea Confezioni which are transcribed below. This label must be printed and glued on the outside of the package to be returned. Alternatively, all the data on the label must be clearly written on the outside of the package itself.
Confezioni Andrea Italia Srl
Covercar.com sales office
Via Friuli 8
21100Varese – Italy
For any information contact: e-mail: firstname.lastname@example.org; tel: +39 0332261562, Int. 222.
The user is requested to include in the return package a copy of the order confirmation and a copy of the paper purchase receipt included with the shipment. The direct costs for returning the product, following the exercise of the right of withdrawal, are to load of the user.
7.2 In accordance with art. 56 of the Consumer Code, in the event of withdrawal, all payments made, including shipping costs, will be reimbursed, with the exception of additional costs deriving from the choice of a type of delivery other than the standard one, without undue delay and no later than 14 days from day on which Confezioni Andrea is informed of the decision to withdraw from the contract. Confezioni Andrea will refund with the same payment method used by the user for the purchase, unless the user has expressly agreed otherwise. Refunds will be made in the same currency of purchase.In any case, the user will not have to incur any costs as a consequence of this refund.The refund may be suspended until the products are received or until the user demonstrates that have returned the products, if earlier.
7.3 Pursuant to art. 57 of the Consumer Code, in the event of withdrawal, the user will return the products to Confezioni Andrea within 14 days from the date on which he communicated to the latter the decision to withdraw from the contract. The deadline is met if the user sends the products before the aforementioned 14 days have expired. The user is responsible for the decrease in the value of the products resulting from the handling of the products themselves other than that necessary to establish the nature, characteristics and functioning of the products. The user may therefore be called to answer for the decrease in value of the returned product in the event that he has made a use of it that goes beyond the inspection of its qualities and the test carried out on the same to accept its operation. Confezioni Andrea reserves the right to ask the user to refund the decrease in value found.
7.4 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to tailor-made or customized products. Furthermore, the right of withdrawal is excluded if the product purchased through the Site has a price lower than € 50.00 or by its nature cannot be returned or is liable to deteriorate or expire rapidly, or it is a sealed product that does not lend itself. to be returned for hygienic or health protection reasons and has been opened after delivery. Consequently, in such cases, the provisions of art. 7.1, 7.2, 7.3 will not apply.
8.1 Payment for products purchased on the Site is made by Paypal and bank transfer.
9. Guarantees and non-conformity of products
9. Guarantees and non-conformity of products
9.2 All the products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is reserved for consumers.
9.3 In the event of a lack of conformity of the purchased products with respect to the description published on the Site, the user has the right to have the product repaired or replaced at no additional cost, where this is possible in relation to the number of copies still available for sale and unless the replacement or repair is not excessively burdensome for Packaging Andrea in consideration of the value that the product would have, if there were no lack of conformity, and the extent of this defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions. However, users are invited to contact the Andrea Confezioni Customer Service at the following e-mail address: email@example.com, or at the following telephone number +39 0332261562, Int. 222, to agree on the preferable solution.
9.4 Confezioni Andrea is liable to the user for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to Confezioni Andrea, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. The possible loss of color intensity of the product or the appearance of any spots on the same resulting from its intense use, or rather, the constant exposure to atmospheric agents that can deteriorate the product, does not constitute a lack of conformity. Confezioni Andrea also informs the user that the full coverage of the car or motorcycle bodywork is not guaranteed by the car cover and motorcycle cover products in the event that these vehicles have bodywork elaborations compared to the original model that modify or alter in an obvious way the external appearance of the aforementioned vehicles (ie, by way of example, “side skirts”, “ailerons”, “roof bars”, “roll bars”).
9.5 Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed at that time, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the product.
9.6 In the event of termination of the contract, Confezioni Andrea will refund the price paid by the user, in addition to the shipping costs and any additional costs. In any case, the amount of the refund will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase. The user must agree with Confezioni Andrea the method of shipping the goods.
9.7 Products repaired, modified or altered in any way by the user are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any faults or malfunctions caused by the user or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product, if any, or in the instructions for use relating to the same.
10. Further obligations and responsibilities of Confezioni Andrea
10.1 Confezioni Andrea undertakes to correct any errors in the description of the products offered on the Site, as quickly as possible, starting from the notification of the same. The reporting of such errors can be made by contacting Confezioni Andrea at the addresses and numbers indicated in the introduction.
11. Suspension of the Service
11.1 Confezioni Andrea reserves the right to temporarily suspend the provision of the Services for the time strictly necessary for the technical interventions necessary and / or appropriate to improve the quality of the same Services.
11.2 Confezioni Andrea may, at any time, interrupt the provision of the Service if there are justified reasons of security or breaches of confidentiality, in this case notifying the user.
12. Site Contents and Intellectual Property Rights.
12.1 The contents of Confezioni Andrea, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layout, methods, processes, functions and software are protected by copyright and any other intellectual property right of Confezioni Andrea and the other rights holders.
The reproduction, modification, duplication, copying, distribution, sale or in any case the exploitation of the images, the contents of the Site is prohibited unless previously authorized in writing by Confezioni Andrea. Any use of the contents of the Site for commercial and / or advertising purposes.
12.2 Any references to trademarks or other titles of third parties (such as, for example, manufacturers of cars or motorcycles) on the Site are made for the sole purpose of illustrating Confezioni Andrea products. Confezioni Andrea declares that it has no connection, either contractual or otherwise, with the aforementioned third parties. Any use of the aforementioned distinctive signs that does not comply with the law and, as unauthorized, is prohibited. It is in no way permitted to use any distinctive sign on the Site to take unfair advantage of the distinctive character or reputation of these or in such a way as to harm them and their owners.
12.3 In no case may the user alter, change, modify or adapt the Site, or the material made available by Confezioni Andrea.
13. Final provisions, applicable law and competent court.
13.1 The General Conditions are governed by the law of the user’s place of residence.
13.2 For any dispute concerning the General Conditions, the court of the user’s place of residence will be competent. Pursuant to art. 14 of Regulation 524/2013 / EC, the user is informed that, in the event of a dispute with Confezioni Andrea, he may submit a complaint via the ADR or ODR platform of the European Union (Alternative Dispute Resolution or Online Dispute Resolution) which can be reached at the following link http://ec.europa.eu/consumers/odr/. The platform in question constitutes an access point for users who wish to settle disputes arising from sales or online service contracts out of court. To this end, we inform you that the e-mail address of Confezioni Andrea is the following firstname.lastname@example.org. The user’s right to contact the competent judge remains unaffected, whatever the outcome of the out-of-court resolution procedure.
13.3 Confezioni Andrea, through the Site, sells exclusively to consumers. In the event that a professional, in contravention of the purchase ban, purchases on the Site, the General Conditions would be governed by Italian law and, in the event of a dispute, the only competent court would be that of Milan.